AI -v- Commission for Children & Young People [2001] NSWADT 176

AI -v- Commission for Children & Young People [2001] NSWADT 176

Although AI had been convicted of a serious sex offence, the Tribunal found him to be an honest witness, found no predatory behaviour in relation to the 1973 incident, noted the absence of offences since 1975 and his evidence that he had no relevant matters outside NSW, and found that he posed no risk to children. The Tribunal therefore declared that the Act did not apply to him in respect of the 1973 conviction.

Jurisdiction
Australia
Judgment Date
25 October 2001
Procedural Posture
Application for Declaration That Applicant Not a Prohibited Person / Principal Matter
Outcome
Application granted; declaration made that the Child Protection (Prohibited Employment) Act 1998 does not apply to AI in respect of the offence of carnal knowledge of which he was convicted on 26 November 1973.
Legal Topics
['prohibited Employment' 'serious Sex Offence' 'risk to Safety of Children' 'declaration That Act Does Not Apply']
['administrative Law' 'child Protection' 'employment Screening'] ['prohibited Employment' 'serious Sex Offence' 'risk to Safety of Children' 'declaration That Act Does Not Apply']

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Procedural Posture

Application for Declaration That Applicant Not a Prohibited Person / Principal Matter

Legal Issues

  1. 1 ['Whether the Child Protection (Prohibited Employment) Act 1998 applied to AI in respect of his 26 November 1973 conviction for carnal knowledge.' 'Whether AI posed a risk to the safety of children for the purposes of an order under s9 of the Child Protection (Prohibited Employment) Act 1998.']

Ratio Decidendi

Although AI had been convicted of a serious sex offence, the Tribunal found him to be an honest witness, found no predatory behaviour in relation to the 1973 incident, noted the absence of offences since 1975 and his evidence that he had no relevant matters outside NSW, and found that he posed no risk to children. The Tribunal therefore declared that the Act did not apply to him in respect of the 1973 conviction.

Court Disposition

Application granted; declaration made that the Child Protection (Prohibited Employment) Act 1998 does not apply to AI in respect of the offence of carnal knowledge of which he was convicted on 26 November 1973.

Orders

  • ['The Child Protection (Prohibited Employment) Act 1998 does not apply to AI in respect of the offence of carnal knowledge of which he was convicted 26 November 1973.' 'The order is not subject to any conditions.' 'Pursuant to s9(10) CP(PE) Act the Tribunal will notify the Commissioner of Police of the terms of this...